C/FA/5135/2023 JUDGMENT DATED: 11/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 5135 of 2023 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR ============================================ Approved for Reporting Yes No ============================================ ALPESHBHAI VALJIBHAI MAKVANA Versus MARTARAM HARISHCHANDRA MINA DELETED & ORS. ============================================ Appearance: NISHIT A BHALODI(9597) for the Appellant(s) No. 1 MR RATHIN P RAVAL(5013) for the Defendant(s) No. 3 RULE SERVED for the Defendant(s) No. 2 ============================================ CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 11/12/2025 ORAL JUDGMENT 1) Feeling aggrieved and dissatisfied with the judgment and award dated 27.10.2023 passed by learned Motor Accident Claims Tribunal (Auxi.), Bhavnagar at Mahuva (which shall hereinafter be referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.20 of 2022, the appellant – original claimant has preferred the present appeal under Section 173 of the Motor Vehicles Act, 1988 (which shall hereinafter be referred to as "the Act" for short). 2) Heard Mr. N. A. Bhalodi, learned Advocate for the appellant – original Claimant and Mr. R. P. Raval, learned Advocate for respondent – Insurance Company. Page 1 of 5 C/FA/5135/2023 JUDGMENT DATED: 11/12/2025 3) It is the case of the appellant that on 05.03.2022, the claimant was going from Moti Jagdhar to Village Gadhesar by riding a motorcycle and when he reached near Culvert in Jagdhar Village at that time the driver of Truck owned by opponent no.1 bearing Reg. No.GJ-14-Z-0722 came by driving his vehicle in rash and negligent manner and dashed with the motorcycle. As a result of which the claimant sustained serious and grievous injuries. A complaint being I-CR No.55/2022 was also registered with Datha Police Station against the driver of Truck. Therefore, the appellant had filed MAC Petition seeking compensation, wherein, the learned Tribunal after appreciating the evidence produced on record has partly allowed the claim petition. 4) The learned Advocate for the appellant has submitted that the learned Tribunal has erred in considering notional income of the claimant instead of rate of minimum wages of the year 2022. The Tribunal has also not considered future prospective income and awarded meagre amount towards PSS and special diet and transportation. He has further submitted that the Tribunal ought to have awarded amount towards loss of amenities considering the nature of injuries and resultantly functional disability. Hence, he has requested to allow the present appeal. 5) Learned Advocate for the respondent – Insurance Company has opposed the present appeal and submitted that the Tribunal after appreciating the evidence produced on record rightly considered the income and awarded just and proper compensation and therefore no interference of this Court is required and the present appeal is required to be dismissed. 6) Having heard both the learned Advocates and going through the C/FA/5135/2023 JUDGMENT DATED: 11/12/2025 evidence it appears that as per the law laid down by the Hon’ble Supreme Court in the case of Govind Yadav Vs. National Insurance Co. Ltd., reported in 2012(1) TAC 1 (SC), that if no proof of income is produced on the record then Tribunal has to consider rate of minimum wages in absence of evidence of monthly income of the claimant. In the present case the accident occurred on 05.03.2022 and during that time the claimant was doing diamond artisen work and as per the Government approved minimum wages the rate of skilled person is required to be considered, whereas, the Tribunal has assessed the income of the deceased as Rs.6,500/- per month which is required to be enhanced and hence, the income of the claimant is reassessed as Rs.9,500/- per month. In view of above, the amount towards actual loss is also required to be enhanced from Rs.13,000/- to Rs.19,000/- (i.e. additional amount of Rs.6,000/-). Further, the learned Tribunal has committed error by not considering addition towards future prospective income therefore addition of 40% towards future prospectus is required to be considered. The Tribunal based on pursis at Exhibit 44 rightly considered 32% functional disability of the claimant. The Tribunal has also considered the age of claimant as 23 years and multiplier of 18, the Tribunal has also considered amount of Rs.1,52,288/- towards actual medical expenditure and amount of Rs.10,000/- towards transportation and special diet and attendant charges, as per the judgment of the Apex Court in the case of Sarla Verma (Smt) & Ors. Vs. Delhi Transport Corporation & Anr. [2009 (6) SCC 121] and National Insurance Company Ltd. Vs. Pranay Sethi, reported in 2017 ACJ 2700, which are just and proper. However, considering the nature of injuries and period of treatment the amount towards C/FA/5135/2023 JUDGMENT DATED: 11/12/2025 pain, shock and suffering is required to be enhanced from 10,000/- to Rs.30,000/- (i.e. additional amount of Rs.20,000/-). 7) Therefore, recalculating the income of claimant as Rs.9,500/- and future prospect of 40% = Rs.3,800/- which comes to to Rs.13,300/-. Now total income towards future loss of income is required to be considered as Rs.13,300/- x 12 x 18 x 32% / 100 = Rs.9,19,296/-. The Tribunal has awarded Rs.4,49,280/- towards future loss of income, however, this Court is of the view that the appellant is entitled to get additional amount of Rs.4,70,016/- towards future loss of income. 8) As discussed above, the appellant is entitled to get compensation computed as under: Heads Awarded by Tribunal Reassessed by this Court Future loss of income Rs.4,49,280/- Rs.9,19,296/- including additional amount of Rs.4,70,016/- Actual medical expenditure Rs.1,52,288/- Rs.1,52,288/- Actual loss Rs.13,000/- Rs.19,000/- including additional amount of Rs.6,000/- Pain, shock and sufferings Rs.10,000/- Rs.30,000/- including additional amount of Rs.20,000/- Special diet, attendant and transportation Rs.10,000/- Rs.10,000/- Total compensation Rs.6,34,568/- Rs.11,30,584/- including total additional amount of Rs.4,96,016/- C/FA/5135/2023 JUDGMENT DATED: 11/12/2025 9) In view of above, as the Tribunal has awarded compensation of Rs.6,34,600/- (round off), however, as discussed above the appellant is entitled to get additional amount of Rs.4,95,984/- (Rs.11,30,584/- - Rs.6,34,600/-) with proportionate costs and interest as awarded by the learned Tribunal. 10) Hence, present appeal is partly allowed. The judgment and award dated 27.10.2023 passed by learned Motor Accident Claims Tribunal (Aux.), Bhavnagar at Mahuva, in MAC Petition No.20 of 2022 stands modified to the aforesaid extent. Rest of the judgment and award remains unaltered. The respondent no.3 - Insurance Company shall deposit the said additional amount of Rs.4,95,984/- along with interest as awarded by the Tribunal, before the Tribunal within a period of four weeks from the date of receipt of this order. Record and proceedings be remitted back to the concerned Tribunal forthwith. 11) The learned Tribunal is directed to recover or deduct the deficit court fees on enhanced amount and thereafter disburse the amount accordingly. 12) Award to be drawn accordingly. (HASMUKH D. SUTHAR,J) ANKIT JANSARI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 15/12/2025 13:07:20